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Posted

Hello all,

 

I will begin the process of DCF here in Mexico via the consulate in Mexico City but I have a few questions. I moved to Mexico to live with my husband who is a Mexican citizen with the plan to live for a few years there, but after moving here just 3.5 months later I got laid off from my remote job. I have just accepted a job back in the USA which requires me to move back to the US by mid January. I remember reading somewhere that before they removed the option to file without exceptional circumstances there was a rule that you had to live in the country for 6 months in order to apply for DCF. Does that also apply to exceptional circumstances as well? If so, is that 6 month rule strict? In a few days we will have hit the 5 month mark so by the time I file we will be under 6 months. And one other thing - how do I prove that I was living here and not just residing here as a tourist? I entered on a tourist visa and we have been going through the process of switching me over to a Family Visa through my marriage with my husband but the process here in Mexico has been long. Every time I go to an appointment something is missing, something is wrong, or some else needs to be done, its quite frustrating... I have an appointment in mid January for my visa if all goes well, I will have my temporary residency card then, but that doesn't do me much good for when I go to file. We have a lease here but it is in my husband's name since he moved in about a month before me. Any suggestions? 

Thank you!

Filed: K-1 Visa Country: Wales
Timeline
Posted

You can try but I would not expect to get DCF as a Tourist.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Posted

You might run out of days to get it done.

2 hours ago, d3domino said:

Does that also apply to exceptional circumstances as well?

No really but . . . you need to show that you are a (lawful) resident of Mexico.  You may be able to get by with proof that have applied for an RT visa. It would be highly improbable.   Part of the problem in getting your Mexican Green Card  done was that you did it without researching the correct way to get a Mexican RT or RP visa.  Mexican Law requires that the visa be obtained, in your case,  from the US before you entered Mexico. (It took Mary $36 and 5 hours to get her Permanent Resident Visa)  Remember that your Tourist visa is only good for 180 days.  If you don't have a Mexican Green card by then, the consulate will realize that you are no longer legally in Mexico.

2 hours ago, d3domino said:

We have a lease here but it is in my husband's name since he moved in about a month before me. Any suggestions? 

Normally you would have had your Mexican green card by now and obtained a Mexican Driver's license.   Maybe he can add you to the TelMEX bill or power bill.

 

Hopefully thing will work out for you in the next few weeks.   Most of Mexican Government shuts down from mid December to after 3 Kings week.

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

Posted
15 minutes ago, Paul & Mary said:

You might run out of days to get it done.

No really but . . . you need to show that you are a (lawful) resident of Mexico.  You may be able to get by with proof that have applied for an RT visa. It would be highly improbable.   Part of the problem in getting your Mexican Green Card  done was that you did it without researching the correct way to get a Mexican RT or RP visa.  Mexican Law requires that the visa be obtained, in your case,  from the US before you entered Mexico. (It took Mary $36 and 5 hours to get her Permanent Resident Visa)  Remember that your Tourist visa is only good for 180 days.  If you don't have a Mexican Green card by then, the consulate will realize that you are no longer legally in Mexico.

Normally you would have had your Mexican green card by now and obtained a Mexican Driver's license.   Maybe he can add you to the TelMEX bill or power bill.

 

Hopefully thing will work out for you in the next few weeks.   Most of Mexican Government shuts down from mid December to after 3 Kings week.

We did research it, in fact, we even contacted an immigration attorney. And from what we found online and what the attorney told us was that we could either go through the process before I left the USA or once we got there. Mexican law does allow a tourist visa to be exchanged for a temporary visa for spouses only within Mexico, so that's the way we decided to go because the INM office is only a 3 minute walk away from our apartment we thought it would be simple but I digress... My husband is going to contact our leasing agent to see if we can get a copy of the lease but with my name added onto it. The electricity and internet bills are in the apartment owner's name, my husband pay's the amount owed to the leasing agency every month. And water is included in our rent. 

Posted

I would go ahead and contact CDJ and see if they will allow it with your tourist visa and situation.  

 

It took us 6 weeks from the time Mary landed to get the green card.  We didn't intend to come to the US as fast as we did as I was going to do an assignment in Panama but that contract got cancelled.   If you look at our timeline it took just over 3 months more to get to into the US. 

March 2, 2018  Married In Hong Kong

April 30, 2018  Mary moves from the Philippines to Mexico, Husband has MX Permanent Residency

June 13, 2018 Mary receives Mexican Residency Card

June 15, 2018  I-130 DCF Appointment in Juarez  -  June 18, 2018  Approval E-Mail

August 2, 2018 Case Complete At Consulate

September 25, 2018 Interview in CDJ and Approved!

October 7, 2018 In the USA

October 27, 2018 Green Card received 

October 29, 2018 Applied for Social Security Card - November 5, 2018 Social Security Card received

November 6th, 2018 State ID Card Received, Applied for Global Entry - Feb 8,2019 Approved.

July 14, 2020 Removal of Conditions submitted by mail  July 12, 2021 Biometrics Completed

August 6, 2021 N-400 submitted by mail

September 7, 2021 I-751 Interview, Sept 8 Approved and Card Being Produced

October 21, 2021 N-400 Biometrics Completed  

November 30,2021  Interview, Approval and Oath

December 10, 2021 US Passport Issued

August 12, 2022 PHL Dual Nationality Re-established & Passport Approved 

April 6,2023 Legally Separated - Oh well

  • 3 weeks later...
Posted

I wish to proceed with DCF with special circumstances but when I tried to call the consulate in Mexico City and selected the "visas" option on the phone, the automated response was to go to the website, that they can't answer visa questions. So I went to the website and sent an email but I just got a response saying they can't answer my question either because they are just a help center. 

Does anyone know who I need to contact at the Mexico City consulate to complete DCF?

Filed: Citizen (apr) Country: Taiwan
Timeline
Posted (edited)

image.thumb.png.bfc9e685a726f1cb2a6d9cde7e760bfe.png

Edited by Crazy Cat

"The US immigration process requires a great deal of knowledge, planning, time, patience, and a significant amount of money.  It is quite a journey!"

- Some old child of the 50's & 60's on his laptop 

 

Senior Master Sergeant, US Air Force- Retired (after 20+ years)- Missile Systems Maintenance & Titan 2 ICBM Launch Crew Duty (200+ Alert tours)

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In summary, it took 13 months for approval of the CR-1.  It took 44 months for approval of the I-751.  It took 4 months for approval of the N-400.   It took 172 days from N-400 application to Oath Ceremony.   It took 6 weeks for Passport, then 7 additional weeks for return of wife's Naturalization Certificate.. 
 

Posted
7 minutes ago, Crazy Cat said:

image.thumb.png.e5a92cc25c539ed5c3695f882eb23f12.png

I did fill out the American Citizen Services Form so I hope they get back to me on that. As. for the NCV form, I tried that but it appears to be for people who already have cases in the system because the first required question it asks is for your NVC case number, which we don't have because we haven't filed yet.
 

Posted
9 minutes ago, Crazy Cat said:

image.thumb.png.bfc9e685a726f1cb2a6d9cde7e760bfe.png

Oh wait... I just noticed on the American Citizen Services Contact Form it says at the top "This form is only for questions regarding U.S. citizens in Mexico and pending U.S. passport and Consular Report of Birth Abroad applications.  We typically respond within three business days.  Questions outside of these areas (for example U.S. visas and U.S. legal residency) will not be answered.

Posted
1 hour ago, d3domino said:

I wish to proceed with DCF with special circumstances but when I tried to call the consulate in Mexico City

 

Spouse visas are only processed by the consulate in Ciudad Juarez, not Mexico City.  Start by emailing your DCF request to CDJFilePetition@state.gov.

 

Posted
40 minutes ago, Chancy said:

 

Spouse visas are only processed by the consulate in Ciudad Juarez, not Mexico City.  Start by emailing your DCF request to CDJFilePetition@state.gov.

 

Thank you very much! I just sent them an email. I thought I had read online that Mexico City processed spouse visas for DCF but perhaps I was incorrect or perhaps that has now changed. Either way, Mexico City or Cuidad Juarez, makes no difference to me. 

Posted
On 12/13/2022 at 11:17 AM, d3domino said:

Thank you very much! I just sent them an email. I thought I had read online that Mexico City processed spouse visas for DCF but perhaps I was incorrect or perhaps that has now changed. Either way, Mexico City or Cuidad Juarez, makes no difference to me. 

Mexico City used to process DCF, as did Monterrey (and maybe another one I'm forgetting), but it seems that changed during the added DCF restrictions in 2020.

 

Others have chimed in to say that DCF can't be done on a tourist visa, but I did just that in 2017. This, too, was before DCF became more restrictive so things might have changed now. I'll note that I had been living in Mexico for 7 years on tourist visas by doing visa runs (leaving and re-entering every 6 months) so I was able to provide evidence of my living there (lease, bank statements, passport entry stamps). Back then I was able to call the embassy and the person on the phone seemed to indicate that it didn't matter, and that they would consider my case as long as I could prove I had been in the country for 3 months. Again, things might be different now.

 

I'll also add that I did get apply for and get my mexican resident card just in case, bit I ended up not needing it as our case was approved before I received the card. The process to get residency was simple. I hired a lawyer and paid a total of around $600. Total process took about 6 weeks. If the embassy is unwilling to accept your case then you might consider just applying for Mexican residency, though that may not work with the timeline for your new job.

DCF Mexico

06/04/2017: Married

06/24/2017: Mailed I-130

06/27/2017: NOA1 (technically a RFE as we were missing beneficiary ID)

07/06/2017: NOA2

07/12/2017: Case assigned by Juarez embassy

07/17/2017: Packet 3 received

08/15/2017: Interview/Approval!

08/22/2017: Visa received via DHL

09/03/2017: POE

09/16/2017: Permanent Resident Card received

 

Total days from NOA1 to approval: 49

 

I wrote a DCF Mexico guide! http://www.visajourney.com/wiki/index.php?title=DCF_Mexico

Posted
21 minutes ago, Jorge V said:

Mexico City used to process DCF, as did Monterrey (and maybe another one I'm forgetting), but it seems that changed during the added DCF restrictions in 2020.

 

Others have chimed in to say that DCF can't be done on a tourist visa, but I did just that in 2017. This, too, was before DCF became more restrictive so things might have changed now. I'll note that I had been living in Mexico for 7 years on tourist visas by doing visa runs (leaving and re-entering every 6 months) so I was able to provide evidence of my living there (lease, bank statements, passport entry stamps). Back then I was able to call the embassy and the person on the phone seemed to indicate that it didn't matter, and that they would consider my case as long as I could prove I had been in the country for 3 months. Again, things might be different now.

 

I'll also add that I did get apply for and get my mexican resident card just in case, bit I ended up not needing it as our case was approved before I received the card. The process to get residency was simple. I hired a lawyer and paid a total of around $600. Total process took about 6 weeks. If the embassy is unwilling to accept your case then you might consider just applying for Mexican residency, though that may not work with the timeline for your new job.

I am scheduled to receive my residency card on the 18th of January, the company is thankfully willing to be flexible and is sympathetic to my situation. They would like me to relocate ideally by the end of February and will allow me to work remotely from Mexico until then. But ultimately want me back in the states for the long term. 

I just heard back from the US consulate in Juarez and they said my circumstances don't qualify for DCF, I suspect its because I didn't receive my residency card in time. The local INM office here in Cancun frustrates me to no end, no one knows whats going on at all most of the time... The US consulate suggested that I file an expedited request. Although my company is sympathetic and flexible to my situation, I'm scared I'm going to end up losing my dream job and I can't move to the states without my husband's income as we are a dual income household, I can't do it all by myself from the states, its just too expensive. Do you think I will be able to do an expedited request?

Filed: K-1 Visa Country: Wales
Timeline
Posted (edited)

DCF if approved seems to take 4 or 5 months.

 

You could certainly seek an expedite if you go the regular route.

Edited by Boiler

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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